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kishore kumar   04 March 2024

copies under Indian evidence act 1872(76)

A complaint received at SP office and investigated by concern rural Police Chowki under order by S.P.
during police investigation both parties registered their statements in Police Chowki.

Under RTI , SP office denied to give copy of said statements to applicant who was also second party in that investigation.

Pl let us know can we apply in SP office to get certified copies of those statements under Indian evidence act 1872(76) from SP office?

Thanks .


 9 Replies

Advocate Bhartesh goyal (advocate)     04 March 2024

Statement recorded u/sec 161 Cr.P.C. by police is part of investigation and police has no authority or power to give complainant/accused copy of investigation report.After having  submitted charge sheet in courtYou can get same from court.

kishore kumar   04 March 2024

Thank you very much Sir for imp information.
would like to write that this case is not a criminal or such kind of a case, but a case of mutation application in Nayab Tehsildar office and a objection submited by a person and he send a copy to SP office to just harrass the mutation applicant. as a routine process, SP office send it to concern police chowki
where police called both parties and record their statements. then police chowki returned application with all investigated documents and inquiry reports to SP office.
my question is" if a inquiry is complete and there is no offense found, can't we get a copy of statement only?
Thanks Sir.

T. Kalaiselvan, Advocate (Advocate)     04 March 2024

From your contents it can be understood that there is no criminal complaint registered nor a formal complaint lodged.

This is not even based on any fraudulent activities hence there's no complaint in this regard.

Therefore you cannot get a copy of the papers which are not on records.

kishore kumar   04 March 2024

Thanks Sir,
with due respect , would like to ask a simple question for my knowledge, when police chowki incharge took both parties statements during enquiry, and then sent it to SP office, means said documents became govt Record.
Then why one can't get a certified copy of said documents to get help and justice from Nayab Tehsildar office?
hope you'll understand my point.
Thanks a lot for your valuable time and advice.

T. Kalaiselvan, Advocate (Advocate)     04 March 2024

It was neither a statement under section 161 cr.p.c. nor under section 164 cr.p.c., hence it cannot be a documentary evidence that can be submitted before court 

When a criminal case is instituted against a person on a police report the accused has the right to get a copy each of the First Information Report (FIR), statements of witnesses recorded by the police, the police report and other records filed along with the police report.

kishore kumar   04 March 2024

ok. Thanks Sir,
is there any other way to get copies of said statements, because it's very important to get justice. Once again Thanks to all respected forum members for their valuable advice.

T. Kalaiselvan, Advocate (Advocate)     06 March 2024

You cannot rely upon this as evidence  in the trial proceedings even if you are managing to obtain a copy of the same because unless the author of the same is examined to admit the document,  the court will not accept this evidence 

kishore kumar   06 March 2024

ok, Thank you very much Sir.

T. Kalaiselvan, Advocate (Advocate)     07 March 2024

You are welcome for your appreciations.

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